Code of Ordinances of the Borough of Mount Pleasant

Transcription

1 Code of Ordinances of the Borough of Mount Pleasant DISCLAIMER The electronic version of the Borough of Mount Pleasant Code of Ordinances is not the document of issue and the Borough of Mount Pleasant printed and published Code remains the primary source and document of issue for all purposes. In the event of a conflict between the electronic version of the Code of Ordinances and the official printed Borough of Mount Pleasant Code of Ordinances, the official printed Code of Ordinances shall govern. Copies of the official Borough of Mount Pleasant Code of Ordinances may be purchased from the Township. The user is advised that there may be amendments to the Code of Ordinances which have been enacted after the last revision date of the electronic version of the Code of Ordinances. Keystate Publishers, Inc. makes no warranty, express or implied, with respect to the accuracy or completeness of the electronic version of the Code of Ordinances or the capability of the electronic version of the Code of Ordinances, and all liability with respect thereto is expressly disclaimed. The service and system is furnished by KPI on an as is, as available basis. All warranties of merchantability and fitness for a particular purpose are expressly disclaimed. No representation or demonstration shall constitute a warranty of the electronic version of the Code of Ordinances unless expressly incorporated into an agreement between the parties.

2 Code of Ordinances of the Borough of Mount Pleasant Westmoreland County, Pennsylvania Published by Authority of the Borough Adopted by Ord. 624, 1/19/2010 Revised and Supplemented through: Supplement II; February 6, 2012 KEYSTATE PUBLISHERS, INC. 300 West King Street, P.O. Box 366 Shippensburg, PA 17257

3 The Borough of Mount Pleasant Code of Ordinances was adopted by the Borough of Mount Pleasant by Ord. 624 and published by Keystate Publishers, Inc., on January 19, It has been subsequently revised and supplemented as follows: Supplement I; December 4, 2010 Supplement II; February 6, ii-

4 CONTENTS Municipal Officials... Foreword... Adopting Ordinance... Fee Schedule... v vii ix xix Chapter 1... Administration and Government Chapter 2... Animals Chapter 3... [Reserved] Chapter 4... [Reserved] Chapter 5... Code Enforcement Chapter 6... Conduct Chapter 7... [Reserved] Chapter 8... Floodplains Chapter 9... [Reserved] Chapter Health and Safety Chapter Housing Chapter [Reserved] Chapter Licenses, Permits and General Business Regulations Chapter [Reserved] Chapter Motor Vehicles and Traffic Chapter Parks and Recreation Chapter [Reserved] Chapter Sewers and Sewage Disposal Chapter Signs Chapter Solid Waste Chapter Streets and Sidewalks Chapter Subdivision and Land Development Chapter Stormwater Management Chapter Taxation; Special Chapter Trees Chapter [Reserved] Chapter Zoning Appendix A... Annexation of Territory... A-3 B... Bond Issues and Loans... A-5 C... Franchises and Services... A-11 D... Governmental and Intergovernmental Affairs... A-15 E... Plan Approval... A-19 F... Public Property... A-21 G... Sewers... A-23 H... Streets and Sidewalks... A-27 I... Water... A-37 J... Zoning; Prior Ordinances... A-39 Table to Disposition of All Ordinances... K-1 Table to Disposition of Significant Resolutions...KR-1 Index...I-1 -iii-

5 -iv-

6 Officials of the Borough of Mount Pleasant County of Westmoreland, Pennsylvania ELECTED OFFICIALS Mayor - Gerald D. Lucia Borough Council President - Joseph Bauer Vice President - Albert Beranek - Kevin McFeaters - Cynthia Stevenson - Susan Ruszkowski - David Pritts - Fred McCloy - Larry Tate - Frank Crivella Tax Collector - Carol Yancosky Auditors - Sarp & Company APPOINTED OFFICIALS Manager - Jeffrey Landy Secretary - Beverly Fedorchak Code Officer - B.I.U. Solicitor - Tucker/Arensberg Attorneys Engineer - McCormick Taylor Engineers and Gibson Thomas -v- Supp. II; revised 2/6/2012

7 -vi-

8 FOREWORD History 1 This comprises the codification of the ordinances of the Borough of Mount Pleasant. Mount Pleasant is one of the oldest towns in Southwestern Pennsylvania. It grew at the crossroads of two Native American paths, routes that were to become major arteries into the western wilderness of Colonial and Early America. In 1775 during the French and Indian War, General Braddock cut a military road northwest from Virginia, following Nemicolon's path known later as Braddock's Road. After the Penn's purchase of western territories from the Six Nation Indian Tribes, Glades Path was opened to permit settlement from the East (now Route 31). The English, Scots-Irish, and Germans, many of them Revolutionary War veterans, seeing the traffic at the crossroads as an opportunity, established taverns, inns, and blacksmiths shops to serve drovers and weary travelers. The settlement became the center of the rich surrounding farming area. Grain produced on the frontier was usually converted to whiskey for easy transport to the eastern markets. In 1794, during the Whiskey Rebellion, Federal troops encamped in the town arresting the local Whiskey Boys who protested the new whiskey tax. In this period the settlement earned it's name Helltown. Henry Clay Frick clerked at his Uncle Overholt's store on Main Street. Frick was to consolidate the area's coke and coal industry, becoming a millionaire by age 30. After 1870 immigrants began to arrive from Eastern Europe to work in the mines and coke ovens. Cheap labor fueled and attracted two glass factories: Bryce Brothers in 1896, makers of hand blown crystal, and Smith Glass in Bryce Brothers continues as Lenox Crystal. The old Bryce factory became a warehouse for Levin Furniture, one of a number of local family owned businesses three generations old. Much of the character and flavor of the old town remains to make Mount Pleasant an interesting place to visit and shop. Mount Pleasant was incorporated as a Borough on February 27, 1828, from portions of East Huntingdon Township. The Code of Ordinances of the Borough of Mount Pleasant was prepared by Keystate Publishers, Inc., and adopted by the Borough of Mount Pleasant Borough Council on January 19, 2010, by Ord Organization The Code contains four parts which are (1) the valid current ordinances of the Borough of Mount Pleasant contained in Chapters 1 through 27, (2) the Appendix, which lists by abstracted title all ordinances of a temporary or "one time" nature, (3) the Table to the disposition of each ordinance ever enacted by the Borough of Mount Pleasant, and (4) the Index, which is an alphabetical arrangement of subjects. In the Code each Chapter is separated by a divider tab, and specific ordinances can be located by subject on the contents page at the beginning of each Chapter. The Index may also be used to search for a subject when one is looking for general information on a particular subject, or if it is not known in which Chapter the subject might be found. The Appendix consists of several general categories containing a chronological listing 1 Editor's Note: Adapted from -vii-

9 -viiiof short subject descriptions along with a reference to the original ordinance and its date of enactment, if known. The Table to disposition indicates what action has been taken by the Borough of Mount Pleasant Borough Council with regard to every ordinance ever enacted. An ordinance has either been (1) specifically repealed, (2) superseded by another ordinance, (3) is located in a Chapter of the Code book, or (4) is located in the Appendix. Annual tax rate and budget ordinances are located only in the Table. The Table is a cross reference to the original ordinance books of the Borough of Mount Pleasant, and to the location within the Code of each ordinance by number.

10 ORDINANCE NO. 624 AN ORDINANCE ADOPTING THE CODE OF ORDINANCES OF THE BOROUGH OF MOUNT PLEASANT, WESTMORELAND COUNTY, PENNSYLVANIA; CONSOLIDATING, REVISING, AMENDING AND REPEALING CERTAIN ORDINANCES; ENACTING CERTAIN NEW PROVISIONS; PROVIDING A PROCEDURE FOR AMENDING THE CODE AND FOR THE CITATION OF THE CODE AND THE EFFECTIVE DATE THEREOF; ESTABLISHING RESPONSIBILITY FOR MAINTENANCE OF THE CODE; SAVING CERTAIN PROVISIONS FROM REPEAL; AND PRESCRIBING PENALTIES FOR VIOLATION. The Borough of Mount Pleasant hereby ordains: Section 1. Adoption. The "Code of Ordinances, Borough of Mount Pleasant," as prepared and published for the said Borough of Mount Pleasant, is hereby adopted as a consolidation, codification and revision of the ordinances of the Borough of Mount Pleasant. Chapters 1 through 27 thereof contain the text of the body of all general administrative and regulatory ordinances of the Borough of Mount Pleasant organized as follows: TABLE OF CONTENTS Chapter 1...Administration and Government Chapter 2...Animals Chapter 3...[Reserved] Chapter 4...[Reserved] Chapter 5...Code Enforcement Chapter 6...Conduct Chapter 7...[Reserved] Chapter 8...Floodplains Chapter 9...[Reserved] Chapter 10...Health and Safety Chapter 11...Housing Chapter 12...[Reserved] Chapter 13...Licenses, Permits and General Business Regulations Chapter 14...[Reserved] Chapter 15...Motor Vehicles and Traffic Chapter 16...Parks and Recreation Chapter 17...[Reserved] Chapter 18...Sewers and Sewage Disposal Chapter 19...Signs Chapter 20...Solid Waste Chapter 21...Streets and Sidewalks Chapter 22...Subdivision and Land Development Chapter 23...Stormwater Management Chapter 24...Taxation; Special Chapter 25...Trees Chapter 26...[Reserved] Chapter 27...Zoning APPENDIX -ix-

11 A... Annexation of Territory B... Bond Issues and Loans C... Franchises and Services D... Governmental and Intergovernmental Affairs E... Plan Approval F... Public Property G... Sewers H... Streets and Sidewalks I... Water J... Zoning; Prior Ordinances Table to the Disposition of All Ordinances Table to the Disposition of Significant Resolutions The Appendix of the volume lists, by subject matter, in chronological order, the titles (or an abstract of title) of enactments of special nature or of historical interest, for the complete text of which the official records of the Borough of Mount Pleasant shall be authoritative. Section 2. Citation and Effective Date. The codification referred to in Section 1 of this ordinance shall be known and cited officially as the "Borough of Mount Pleasant Code of Ordinances," and all future ordinances shall make reference thereto. This ordinance shall become effective immediately upon publication of notice of final enactment as required by law. Section 3. Saving Clause. The provisions of the Borough of Mount Pleasant Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of said Code, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of the Borough of Mount Pleasant Code of Ordinances shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations. Section 4. Consolidation and Revision. As a necessary part of codification, the following provisions are hereby consolidated and revised as indicated: A. Consolidations. Section Subject Ordinance No., Section B. Revisions. [Reserved] Section Subject Ordinance No., Section [Reserved] Section 5. New Enactments, Amendments and Repeals. As a necessary part of codification, the following ordinances are hereby enacted, amended and repealed as summarized by short title: -x-

12 A. New Enactments. Section Subject Preliminary Provisions Budgetary Reserve Account Dogs at Large Graffiti Noise Nuisance Sex Offender Residency Burial of Deceased Persons or Animals Residential Rental Property Yard Sale Permits Sign Regulations Recycling Realty Transfer Tax Trees Overhanging Street and Sidewalks B. Amendments. Section Subject Ordinance No., Section Establishment of Offices 456, ; Supervision and Control 456, Rules and Regulations Authorized 456, Penalty for Violation of Certain Provisions 456, Bylaws; Amendments 470, Chief of Police 456, Municipal Certification Required Prior to Payment of Fire Loss Claims 594, Penalty and Remedies 594, Keeping Wild Animals Violations and Penalties 514, Failure to Remove; Violations and Penalties Harboring a Nuisance 556, Violations and Penalties 566, Permits, Certificates, and Fees 422, 3; 518, 1; 528, 1; 539, 1 -xi-

13 Section Subject Ordinance No., Section Violations and Penalties 422, Violations and Penalties 600, Amendments 609, Penalty for Tampering with, Injuring, or Removing Certain Property 456, ; Enforcement and Penalties 456, Violations and Penalties 516, Penalty 577, Issuance of Building Permit 564, Application Procedure and Requirements 564, Inspection and Revocation 564, Fees 564, Enforcement 564, General 564, Design and Construction Standards 564, Special Requirements for Manufactured Homes 564, Application Requirements for Special Permits 564, Improvements 564, Special Definitions 564, Noxious Weeds; Nuisances 325, Definitions 523, Violations and Penalties 523, Violations and Penalties 517, Nuisances 404, Violations and Penalties 404, Violations and Penalties 462, Failure to Repair, Penalty 399, Penalty 595, Fees 461, 4; 519, 1; 560; 576, Violations and Penalties 461, 6; 548, Violations and Penalties 471, 4 -xii-

14 Section Subject Ordinance No., Section Specifications for Placement of Numbers 559, Violation and Penalties 559, Permit Required to Conduct Circus or Carnival 456, ; 598, Penalty for Violation 456, Exceptions 613, Penalties 613, Penalties 612, License Required to Engage in Business 371, License Not Transferable 371, Penalty for Violation 371, License to Engage in Business 350, License Not Transferable 350, Penalty for Violations 350, Temporary and Emergency Regulations 456, Speed Limits Established 456, Traffic Signals at Certain Intersections 456, Stop Intersections Established 456, Vehicle Weight Limits Established 456, Mechanical Padlocking Devices 456; Employment of Parking Meter Attendant; Compensation; Duties; Violations and Penalties 456, ; 488; Violations and Penalties 456, ; 469, Permit Parking 456, ; Release of Vehicles 456, ; Authorization for Use of Speed-Timing Devices 456, ; Regulations for Issuance of Permits 456, ; 545, 2; 588, II Appendix 15-IIC Parking Time Limited in Certain Locations Certain Days and Hours 456, Appendix IIC Payment of Security Fee 611, Penalties 611, 116 -xiii-

15 Section Subject Ordinance No., Section Payment of Permit Fee 611, Posting of Security 611, Pavilion Designation, Rental Provisions and Rental Deposit Fees 611, Penalties 611, Violations and Penalties 374, Discharge Prohibited; Existing Connections 492, Penalties Fee 592, Forms 592, Penalties and Enforcement 592, Definitions 558, II Prohibited Activities 558, III Standards for Storage of Solid Waste 558, IV Standards and Regulations for Collection 558, V Injunction Powers 558, V Penalties 558, VIII Permit Fees; Bond 310, 4; 551, Penalty for Violation 310, 10; 551, Widths of Pavements on Sidewalks 95, Penalty for Violation 401, Penalties 599, Violations and Penalties 618, Certificates 456, ; 589, IV Fines and Penalties for Violation of Chapter 456, ; 589, V C. Repeals. Ord./Res. Ord. 436 Subject Disorderly Conduct Section 6. Adoption of Standard Codes by Reference. As a necessary part of codification, the following ordinances are hereby enacted by reference as standard codes summarized by short title: -xiv-

16 Section Short Title [Reserved] Section 7. Land Use Amendments. The Borough of Mount Pleasant Code of Ordinances is hereby amended as is more fully shown in the complete text of Chapters 22 and 27 thereof which is attached hereto and made part hereof by reference hereto as if fully set out at length herein, with deletions shown by strike-through and additions shown by underline, all of which is briefly summarized hereinafter. A. New Provisions. The following provisions are new provisions which are being added to the Code, are underlined throughout the text, and are summarized as follows: Section Subject [Reserved] B. Revised Provisions. The following provisions of the Code are revised, the text of which indicates deletions by strike-through and additions shown by underline, and are summarized as follows: Section Subject Ordinance No., Section Procedure; Application for Approval 342, VI Principles and Standards 342, X Required Improvements 342, XI Definitions 389, 103 and Art. 7; 513, 1; 526, 1; 552, Signs 389, 307; 465, 1; 472, Regulation of Partition Fences Procedures 389, 501; Performance Standards 389, Zoning Officer 389, Zoning Certificates 389, Enforcement Notice Enforcement Remedies 389, Petitions 389, Enactment of Zoning Ordinance Amendments 389, Hearings Fees 389; 578, 2 C. Repealed Provisions. The following provisions of the Code are repealed, the text of which indicates deletions by strike-through, and are as follows: -xv-

17 Section Subject Ordinance No., Section [Reserved] Section 8. Procedural Changes. The following minor procedural changes have been made to existing Borough of Mount Pleasant ordinances: A. Grammatical and spelling errors have been corrected where necessary; B. Minor changes have been made to correct obsolete terms and usages; C. The penalty provisions have been revised where necessary to comply with the Pennsylvania Borough Code, Vehicle Code, Municipalities Planning Code and the Local Tax Enabling Act. Section 9. Amending the Code of Ordinances. The procedure for amending the Code of Ordinances shall include the citation of the Chapter, Part, Section and subsection to be amended, revised, repealed or added as follows: A. Amendment or Revision - "Chapter, Article, Section, Subsection is hereby amended [revised] to read as follows..." B. Additions - "Chapter, Article, Section, Subsection is hereby amended by the addition of the following..." C. Repeal - "Chapter, Article, Section, Subsection is hereby repealed in its entirety." Section 10. Responsibility for Code of Ordinances. It shall be the responsibility of the Borough of Mount Pleasant Secretary to maintain an up-to-date certified copy of the Code of Ordinances. This copy shall be the official copy of the Borough of Mount Pleasant Code of Ordinances and shall be available for public inspection. Section 11. Penalties. It shall be unlawful for anyone to change, alter or tamper with the Code of Ordinances in any manner which will intentionally misrepresent the laws of the Borough of Mount Pleasant. Whosoever shall violate this Section shall be guilty of an offense under 4911, Tampering with Public Records or Information, of the Crimes Code, 18 Pa.C.S.A. 4911, and shall be prosecuted under that Section of the law. Section 12. Severability of Parts of Codification. It is hereby declared to be the intention of the Borough of Mount Pleasant that the Chapters, Parts, Sections, paragraphs, sentences, clauses and phrases of this codification are severable. If any Section, paragraph, sentence, clause or phrase of this Code is declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, that invalidity shall not affect any of the remaining Chapters, Parts, Sections, paragraphs, sentences, clauses or phrases of this codification. -xvi-

18 ORDAINED AND ENACTED by the Council of the Borough of Mount Pleasant, on this 19 th day of January, Borough of Mount Pleasant ATTEST: By: /s/ Michael Tabita Michael Tabita President of Council /s/ Jeffrey Landy Jeffrey Landy, Borough Manager EXAMINED AND APPROVED THIS 19 th day of January, /s/ Gerald Lucia Mayor Gerald Lucia ATTEST: /s/ Jeffrey Landy Jeffrey Landy, Borough Manager -xvii-

19 -xviii-

20 Fee Schedule Subject Fees FIRE INSURANCE PROCEEDS ESCROW Municipal Certification Required Prior to Payment of Fire Loss Claims HOUSING Administrative fee accompany written request $100 [Res ] Property Certificate of Occupancy Residential $50 [Res ] Commercial $125 [Res ] Industrial $200 plus the cost to the Borough of any engineering report needed to comply with all State, Federal and local building codes [Res ] Rental Inspection Second inspection free of charge Third inspection and any thereafter $35 [Res. 4/4/2011] LICENSES, PERMITS AND GENERAL BUSINESS REGULATIONS Circuses or Carnivals Permit required to conduct $100 Coal Dealers License required to engage in business $100 License transfer $50 [Res ] Junk Dealers License to engage in business $100 [Res ] License transfer $50 [Res ] Transient Retail Merchants License Required; Conditions of Issuance; Fee License fee per day $10 License fee per week $30 -xix- Supp. II; revised 2/6/2012

21 Subject Fees Yard Sale Permits License fee per month $60 First permit fee $5 Second permit fee $5 MOTOR VEHICLES Permit Parking $10 [Res ] Regulations for Issuance of Permits Annual fee $10 [Res ] PARKS AND RECREATION Payment of Security Fee Security fee for all weddings $50 Payment of Permit Fee Gatherings and activities between 0 and 100 people $100 between 101 and 300 people $300 Rental Deposit Fees Large pavilion $45 Smaller pavilions $35 STREET EXCAVATIONS Permit Fees; Bond [Res ] 1-50 square feet **Call [Res ] square feet **Call [Res ] square feet **Call [Res ] Over 200 square feet **Call [Res ] SUBDIVISION AND LAND DEVELOPMENT Procedure; Application for Approval Supp. II; revised 2/6/2012 -xx-

22 Subject Fees For each lot in the proposed subdivision, with a minimum total charge of $15 $50 plus legal, engineering and any other costs incurred by the Borough [Res ] TAXATION Amusement Device Tax Certificates, new or replacement $10 [Res ] ZONING Regulation of Partition Fences Permit fee $25 plus $1 per each $1,000 cost of the work or fraction thereof [Res ] Zoning Hearing Board; Procedures Any appeal Cost incurred Proceeding filed $250 plus any cost incurred [Res ] Zoning Certificates Application filing fee $25 [Res ] Petitions Deposit Not less than $75 Fees Sexually oriented business permit $750 [Res ] Zoning Permit Application Fee Schedule Zoning permit application fees for all activities $2,500 $5,000 $20* *For every $1,000 beyond $5,000 add an additional $1 to the fee. (For example: $12,000 cost of construction = $27 fee) **Please call Mount Pleasant Borough Manager at (724) for [Res ] (Res , 1/19/2010; as amended by Res , 9/7/2010, 1; by Res. 4/4/2011, and by Res , 2/6/2012) -xxi- Supp. II; revised 2/6/2012

23 -xxii-